Law Commons^™

The Fourth Industrial Revolution And Legal Education, Steven R. Smith

Georgia State University Law Review

A “Fourth Industrial Revolution” (4IR) will dramatically change current law students’ careers. Innovations in technology, business, and social structures will require different and more sophisticated legal services. Law school graduates will be responsible for harnessing, encouraging, and establishing legal controls that offer society the benefits of these new technologies while limiting the undesirable side effects. At the same time, the recurring, repetitive practice of law will begin to disappear as more work is done much cheaper and better by machines.

The 4IR presents extraordinary opportunities for law schools, the legal profession, and graduates, but it also presents significant challenges. To …

Lessons From Psychology For Law Practice Management, Peter G. Glenn

Dickinson Law Review (2017-Present)

No abstract provided.

Analyzing First-Time Bar Exam Passage On The Ube In New York State, New York State Board Of Law Examiners, Accesslex Institute

AccessLex Institute Research

This report is the culmination of three years of work to collect, analyze, summarize, and interpret data on the experiences and outcomes of first-time and second-time New York State Bar candidates. After careful collaboration and review between AccessLex Institute and the New York State Board of Law Examiners to finalize this publication, a release date was anticipated for Spring 2020 to share its findings publicly and to provide recommendations for how the legal education community could build on efforts to equitably and effectively prepare law school graduates for first-time bar exam passage. Of course, at the time nobody had any …

Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron

Scholarly Works

No abstract provided.

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc-Tizoc Gonzaléz, Sarudzayi Matambanadzo, Sheila I. Vélez Martínez

Faculty Scholarship

LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.

A teoria LatCrit é um gênero relativamente recente de teoria do direito “outsider” …

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez

Articles

LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.

Research Across The Curriculum: Using Cognitive Science To Answer The Call For Better Legal Research Instruction, Tenielle Fordyce-Ruff

Dickinson Law Review (2017-Present)

The American Bar Association (ABA), law students, and employers are demanding that law schools do better when teaching legal research. Academic critics are demanding that law professors begin to apply the lessons from the science of learning to improve student outcomes. The practice of law is changing.

Yet, the data shows that law schools are not changing their legal research curriculum to respond to the need of their students or to address the ABA’s mandate. This stagnation comes at the same time as an explosion in legal information and a decrease in technical research skills among incoming students. This article …

Foreword: The Dispossessed Majority: Resisting The Second Redemption In América Posfascista (Postfascist America) With Latcrit Scholarship, Community, And Praxis Amidst The Global Pandemic, Sheila I. Velez Martinez

Articles

As LatCrit reaches its twenty-fifth anniversary, we aspire for this symposium Foreword to remind its readers of LatCrit’s foundational propositions and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. Working for lasting social change from an antisubordination perspective enables us to see the myriad laws, regulations, policies, and practices that, by intent or effect, enforce the inferior social status of historically- and contemporarily-oppressed groups. In turn, working with a perspective and principle of antisubordination can inspire us to …

Teaching Social Justice Through “Hip Hop And The Law”, André Douglas Pond Cummings

Faculty Scholarship

This article queries whether it is possible to teach law students about social justice through a course on hip hop and its connection to and critique of the law. We argue, in these dedicated pages of the North Carolina Central Law Review, that yes, hip hop and the law offer an excellent opportunity to teach law students about social justice. But, why publish an article advocating that national law schools offer a legal education course on Hip Hop and the Law, or more specifically, Hip Hop & the American Constitution? Of what benefit might a course be that explores hip …

Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart

Publications

Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and …

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony Niedwiecki

Cleveland State Law Review

This Article details a process that law schools can use to comply with the ABA Standards requiring schools to develop their learning outcomes for the entire institution, academic programs, and courses. At the same time, this process can be used as a roadmap for curricular review and planning. As an example, this Article uses the steps that The John Marshall Law School took to review and change its professional skills curriculum. Part I outlines the accreditation requirements for developing and publishing learning outcomes. Part II provides an overview of the process of curricular planning and development, with a focus on …

Encouraging This Particular Form Of (Very Fun) Madness – Roles For Deans And Faculty Members, Martin J. Katz, Phoenix X. F. Cai

Sturm College of Law: Faculty Scholarship

Our broader goal is to encourage experiential learning in the transactions curriculum. I know that all of you are here and do not need convincing. So my goal for this session is to try and provide some persuasive tools to help you convince people at your schools about both the value and the possibility of this type of teaching and learning.

Book Review. Rethinking The Law School: Education, Research, Outreach And Governance By Carel Stolker, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.

Preparing Law Students For Information Governance, Susan David Demaine

Articles by Maurer Faculty

Information governance is a holistic business approach to managing and using information that recognizes information as an asset as well as a potential source of risk. Law librarians and legal information professionals are well situated to take leadership roles in information governance efforts, including instructing law students in information governance principles and practices. This article traces the development of information governance and its importance to the legal profession, offers a primer on information governance principles and implementation, and discusses how academic law librarians and other legal educators can teach information governance to law students using problem-based learning or similar pedagogical …

Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

Faculty Scholarship

Clinical Legal Education (“CLE”) courses were first introduced in South Africa nearly fifty years ago. Since then, their role has changed from addressing legal problems perpetrated by an oppressive system, to strengthening South Africa’s transition to democracy. The end of apartheid has been accompanied by a transition of focus from private law to public law. South Africa currently has seventeen public universities, each of which has a law faculty and a legal clinic. Many clinical programs’ missions are primarily dedicated to community service and providing access to justice.

Although CLE programs have undertaken some human rights and law reform work, …

The Integrated Law School Curriculum, Adam Lamparello

Adam Lamparello

In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …

The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm

Adam Lamparello

For too long, academic support programs have been viewed as the unwanted stepchild of legal education. These programs have existed in the dark shadows of legal education, reserved for students deemed “at risk” for satisfactorily completing law school or successfully passing the bar examination, and focused on keeping students above the dreaded academic dismissal threshold. The time has arrived for the remedial – and stereotypical – character of academic support to meet its demise, and to be reborn as a program that helps all students to become better lawyers, not just better law students.

In this article, we propose a …

Foreword Snx 2014: Challenges To Justice Education: South-North Perspectives, Sheila I. Velez Martinez

Articles

“Towards an Education for Justice: South North Perspectives” was the theme of the XI LatCrit South North Exchange on Theory, Culture and Law, convened at the Universidad de los Andes in Bogotá, Colombia in 2014. Scholars, students and activists from more than 10 countries encompassing the Global South and Global North engaged in a critical and animated exchange on the changing space of legal studies and how this change can be stirred towards acknowledging the need to integrate a concern for justice as part of legal education. The premise of the Conference was that the dominant model of legal education, …

Analyzing Carnegie’S Reach: The Contingent Nature Of Innovation, Stephen Daniels, Martin J. Katz, William Sullivan

Sturm College of Law: Faculty Scholarship

Our interest is curricular innovation, with a focus on the recommendations of the 2007 Carnegie report – Educating Lawyers. Recognizing that meaningful reform requires an institutional commitment, our interest also includes initiatives in the areas of faculty development and faculty incentive structure that would support curricular innovation. Additionally, we are curious as to what might explain change and whether certain school characteristics will do so or whether external factors that challenge legal education offer an explanation. To explore these issues we surveyed law schools (a 60.5% response rate). The results show that while there is much activity in the area …

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …

Facilitating Better Law Teaching – Now, Martin J. Katz

Sturm College of Law: Faculty Scholarship

This Essay is about solutions—real solutions that law schools can deploy right now to improve the education we provide. And it is about how to overcome obstacles to implementing those solutions right now. This is how change happens.

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman

University of Maryland Law Journal of Race, Religion, Gender and Class

"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.

Legal Education At A Crossroads: Innovation, Integration, And Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, Robert Seibel

Faculty Scholarship

Although historically slow to change, law schools are now facing enormous pressure from educators, students, lawyers, judges, clients, and the public to rethink legal education and the lawyer‘s role in society. Now more than ever, there is robust national debate on the threshold contributions law schools should make to the preparation of law graduates for entry into practice. The clamor for reform in legal education is precipitated by a confluence of factors, including new insights about lawyering competencies and experiential legal education; the shifting nature of legal practice in the United States; a decrease in law jobs; changes in the …

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Ann L. Nowak

No abstract provided.

Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak

Touro Law Review

No abstract provided.

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Touro Law Review

No abstract provided.

Practice-Ready: The False Dichotomy Between Theory And Practice, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The leaders in education reform understand that the goal is to create multi-faceted and balanced graduates – those who not only understand the law at a deep level, but also know how to use the law to solve their clients’ problems. Yes, it is probably important for a future litigator to understand how to take a deposition. But if we teach that skill, it is not instead of teaching the doctrine that will support the theory of the case (and the ability to research and understand that doctrine), or even the theory behind the doctrine, which would allow the graduate …

Response To The David Segal Article, November 19, 2011, In New York Times, Martin J. Katz

Sturm College of Law: Faculty Scholarship

As David Segal’s November 19 article accurately reflects, the legal market is changing. Clients are no longer willing to foot the bill for young lawyers’ training, and thus law firms are increasingly looking to the law schools to produce practice-ready graduates.

The good news is that there are clear solutions to the problem, and they are already in motion. A report published in 2007 by the Carnegie Foundation entitled "Education Lawyers" identified precisely the problem described in Mr. Segal’s article and suggested that law schools should address it by developing courses that educate law students on three levels: knowledge, practice …